Top 5 Things to Know Before Filing a Property Damage Claim

MIAMI — With Monday’s severe weather in the greater Miami area, many homeowners and businesses may need to file a claim for property damage with their insurance companies.

Patch reached out to Miami law firm Zipris LaValle, which specializes in property claims, for the top five things that homeowners and businesses owners need to know before filing a claim.

“They should mitigate the damage to the property,” advised attorney Darren Zipris. “Every policy — every one — says if you have damage, you have to mitigate the damage.

“What that means is, if you have a roof leak, you need to put a tarp on it,” he told Patch on Monday afternoon. “If you have a water leak coming from a broken pipe, you need to stop the broken pipe from leaking. You need to stop the damage from getting worse.”

His partner, David LaValle, added that it’s almost always more advantageous for homeowners to work with a public adjuster or an attorney who specializes in property damage claims rather than to work solely through their insurance companies.

“The public adjuster and the attorney represent the full interests of the homeowner,” added LaValle. “The insurance adjuster doesn’t have the homeowners’ sole interests. Their interest is about protecting the insurance company.”

For example, LaValle pointed to a legal rule called “continuation” that provides for homeowners to be able to fix all the damage in a given area, whether it involves painting, tile or some other repair.

“Sometimes they just want to make minor repairs and fix them,” LaValle said of insurance companies. “But you may have a right to fully repair the entire tile or paint in your home depending on certain facts. If you have an insurance adjuster, they are not going to insure that your interests are protected.”

When selecting a public adjuster or attorney that specializes in property claims, Zipris said homeowners should ask for references and check with the Better Business Bureau before choosing someone to represent their interests.

Here are the top five things that homeowners should do if they have experienced property damage:

1. Try to determine where the leak or other damage is coming from.
2. Once you locate the damage, take steps to keep it from getting worse. This may involve placing a tarp over a hole, plywood or plastic in a broken window or shutting off the water in the case of a broken pipe.
3. Contact your insurance company to report the damage or contact a public adjuster or attorney who specializes in property damage claims.
4. If you decide to handle the claim yourself, try to locate a copy of your insurance policy before you call. If you don’t have this information, contact the agent who sold you the policy or ask your insurance company to look up your policy based on your name and address.
5. If you decide to use a public adjuster or attorney who specializes in property damage, make sure that you won’t have to pay any upfront fees. Make sure that they will report the damage for you to your insurance company and will be paid separately by the insurance company. Ask for confirmation within 24 to 48 hours that a claim has been opened on your behalf and that a formal inspection has been scheduled.

Photo courtesy of the National Weather Service in Miami